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UNITED STATES OF AMERICA^ 



ELEMENTS OF CIVIL GOVERNMENT 



STATE OF MICHIGAN 




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ELEMENTS 



CIVIL GOVERNMENT 



State of Michigan 



BY 
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Andrew c. Mclaughlin 




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SILVER, BURDETT & COMPANY 

New York BOSTON Chicago 
1892 



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Copyright, 1892, 
By SILVER, BURDETT & COMPANY. 



Typography by J. S. Cushing & Co., Boston. 
Presswork by Berwick & Smith, Boston. 



PREFATORY NOTE. 



The subject-matter of this volume gives a clear outline of the 
history and government of the State of Michigan, stated in 
language that can be easily understood. The aim has been to 
provide a text that can be profitably used in the high schools, 
the advanced grades of grammar schools, and in the more 
advanced classes in rural schools. 

The purpose of the book, then, is to furnish to the youth of 
this state facilities for gaining a knowledge of its governmental 
history and of the workings of its governmental policy, — such 
a knowledge as shall prepare them for intelligent action under 
the government, and inspire them with a love for our republican 
institutions. % . 

Let it not be overlooked that every youth, every citizen, is 
equally interested with every other. It is not in this state as in 
monarchical countries, where the few rule by hereditary right, 
and the many must submit to be governed. In Michigan 
every citizen is a ruler, who not only has a voice in the govern- 
ment, through his ballot, but may -properly aspire to the highest 
position of honor and trust within the gift of the people. Such 
possibilities and privileges involve correspondingly large and 
weighty responsibilities. 

3 



4 PREFATORY NOTE. 

As applied to human government, it may be said of this 
country more than of any other on the face of the globe, that 
all power resides with the people and emanates from them ; 
and since government depends upon the will of the people for 
its support, direction, and development, it is of vital importance 
not only that the forms be understood, through which that 
government is administered, but that the history of its estab- 
lishment and growth be fully known. The people should be 
imbued with the spirit of American institutions, inhaling and 
exhaling loyalty with every breath. What more fitting period 
than that of youth in which to lay the foundations of this 
intelligence, to foster the growth of this allegiance, and to fix 
indelibly in mind and heart the principles that control good 
citizenship? Let the subject of civil government find place in 
some form in the regular work of every school in the state. 



CONTENTS. 



CHAPTER I. 

PAGE 

Early History 7 



CHAPTER II. 
British Occupation of the Northwest . . . . 13 

CHAPTER III. 
The Revolutionary War 16 

CHAPTER IV. 
The Organization of the Northwest . . . .21 

CHAPTER V. 
Michigan before the War of 18 12 . . . . .24 

CHAPTER VI. 
The War of 1 812 27 

CHAPTER VII. 

Development of the Territory: Admittance to the 

Union 30 

5 



6 CONTENTS. 



CHAPTER VIII. 

PAGE 

History since Admittance to the Union : Analysis 
of the Constitution 34 



CHAPTER IX. 
The Legislative Department 40 

CHAPTER X. 
The Executive Department 44 

CHAPTER XI. 
The Judicial Power . . 47 

CHAPTER XII. 
Administrative Machinery : State Militia . . -50 

CHAPTER XIII. 
County Government . . . . . . .55 

CHAPTER XIV. 
Township Government 59 

CHAPTER XV. 
Cities and Villages 63 

CHAPTER XVI. 
Education . . 68 

CHAPTER XVII. 
Election Laws . . . . „ . . ". . .74 



THE HISTORY AND CIVIL GOVERNMENT 



STATE OF MICHIGAN. 

CHAPTER I. 

EARLY HISTORY. 

The State. — Michigan is naturally divided into two 
parts known as the upper and lower peninsulas. These 
two divisions are unlike in many ways, but together they 
form a state which has a great variety of resources and 
can support a large population with diversified indus- 
tries. The lower peninsula, especially its southern half, 
is covered with fine farms. The northern half has been 
covered with immense forests which have furnished the 
best of white pine lumber or have given hard w T oods for 
the furniture factories and other industries of the state. 
The northern peninsula is one of the richest mineral 
regions of the world. Iron ore of unusual richness is 
mined in immense quantities. The state furnishes over 
one-third of all the iron ore produced in the United 
States, its value being nearly one-half of the total prod- 
uct. In its output of copper Michigan stands second 
in the Union. The two peninsulas have an area almost 

7 



8 CIVIL GOVERNMENT OF MICHIGAN. 

exactly the same as that of England and Wales — more 
than that of New York or Pennsylvania. The long 
coast line of the state, — not far from sixteen hundred 
miles, — with its numerous harbors and places of refuge, 
gives facilities for shipping which will make Michigan 
one of the great commercial centers of the world. As 
regards population, Michigan stands ninth in the roll of 
states, and has now nearly as many inhabitants 1 as had 
the thirteen colonies when they declared their indepen- 
dence from Great Britain. The history and the govern- 
ment of the commonwealth are, then, worthy thoughtful 
study. 

We will try to notice the growth of methpds of gov- 
ernment and of ideas about government. Thoughts on 
political matters show themselves in institutions and 
laws. We shall need to study, therefore, laws and the 
machinery of government in order to understand the 
people as they are organized ; and we must study 
the people and notice their history if we would appre- 
ciate the present government and the condition of 
society. 

The French Discoverers. — The early history of Mich- 
igan is part of that of Canada. We know that early 
in the seventeenth century, one year after the English 
founded Jamestown, the French made a permanent set- 
tlement at Quebec. 2 At once the hardy French priests 
and adventurous traders began to find their way into the 
interior of the continent. The priest was eager to con- 
vert the Indians to Christianity. The trader wished to 
barter for the hides of the beaver. Before the Pilgrim 
Fathers had landed on Plymouth Rock, Champlain had 

1 Population 2,093,889 by census of 1890. 2 1608. 



EARLY HISTORY. 9 

stood on the shores of Lake Huron. From that time 
there were a number of expeditions into the northwest, 
and soon a profitable fur trade with Indians of the lake 
region was established. Many of the French colonists 
along the St. Lawrence, naturally of a roving, free-and- 
easy disposition, broke away from the restraints of the 
colony and wandered off into the western country. 
These coureurs de bois} or bush-rangers, carried on irreg- 
ular traffic with the savages. 

Early Settlements. — While the English were spread- 
ing their settlements along the Atlantic coast and slowly 
making their way back into the country, clearing away 
the forest for farm and homestead, the French were 
exploring the great west and taking up positions of ad- 
vantage on lake and river. These places were mission- 
ary stations or centers of the fur trade ; but they were 
also outposts against English, or especially Dutch, ad- 
vance into the northwest. They were chosen so care- 
fully with reference to the geography of the country 
that they became towns and cities of importance when 
the Americans in this century came to build up their 
states. Father Marquette, a bold French priest, as 
early as 1668 established a Christian mission at the 
Falls of St. Mary (Sairit de Ste. Marie). This is the 
oldest town in the northwest and older than many of 
the early settlements of the east, — fourteen years older 
than Philadelphia. 

La Salle. — About ten years later 2 the brave La Salle 

launched the " Griffin," the first sailboat on Lake Erie. 

He sailed through the Detroit River, christened Lake 

St. Clair in picturesque fashion, and made his way even 

1 Literally "rangers of the wood." 2 1679. 



10 CIVIL GOVERNMENT OF MICHIGAN. 

to Green Bay. In 1682 he floated in his canoe down 
the Mississippi, and at its mouth took possession of the 
country in the name of the king of France. 1 

Settlements of Bush-rangers. — Before the end of the 
seventeenth century the wandering bush-rangers made 
straggling and irregular settlements where fancy and 
trade directed or in places that would prevent the en- 
trance of the English into Michigan, which was the home 
of the beaver. The wandering Frenchmen often forgot 
all the restraints of civilized life when they escaped into 
this western wilderness. They took upon themselves 
the habits of the savages with whom they associated, 
often married Indian wives, and lived a listless, happy, 
careless life. Their settlements w r ere of little moment 
in building up the country or winning it for civilization, 
but the descendants of these bush-rangers, or the re- 
tired watermen who had traversed with their canoes the 
western lakes and rivers, formed an element of no little 
importance in the early history of Michigan as an 
American province. 

Detroit. — The center, however, from which Michigan 
grew was Detroit. It was founded by the French under 
La Motte Cadillac. He had noted the many advan- 
tages of the place, and in 1701 brought a company of 
artisans and soldiers to occupy it. Cadillac seems to 
have had the English, rather than the French, notion 
about civilization. He did not desire that Detroit should 

1 Parkman, the great historian of New France, thus describes La Salle. 
" He was a tower of adamant, against whose impregnable front hardships 
and danger, the rage of man and the elements, the southern sun, the 
northern blast, fatigue, famine, and disease, delay, disappointment, and 
deferred hope emptied their quivers in vain." — " La Salle and the Discovery 
of the Great West," p. 407. 



EARLY HISTORY. II 

be a mere military outpost or a trading station. He 
wanted an agricultural colony, which could support it- 
self and develop its own life. Although he was disap- 
pointed by the trials which beset him, and although the 
town grew at a snail's pace, Detroit was soon the most 
important colony in the west. Its founder had been 
impressed with the beauty of the site. He spoke of 
" the living and crystal waters" of the river, " the 
ambitious vine, which has never wept under the prun- 
ing-knif e, — with its large leaves and heavy clusters, 
weighing down the top of the tree which receives it." 
He did not praise too highly the attractions of the place. 
A hundred years later, the beautiful orchards 1 of the 
simple French farmers near Detroit surprised the in- 
coming " Yankees." Spite of difficulties, therefore, and 
the easy-going methods of farming, the place grew 
through the eighteenth century and at the close of the 
French and Indian war some authorities say there were 
as many as twenty-five hundred inhabitants in the fort 
and its vicinity. 

The French and Indian War. — Although the French 
explorers and traders had known the great west long 
before the Englishman had pushed his way west to the 
Alleghanies, yet after all the hold of the French on the 
country was feeble. The English colonies on the At- 

1 " Many a thrifty Mission Pear 
Yet o'erlooks the blue St. Clair, 
Like a veteran, faithful warden; 
And their branches, gnarled and olden, 
Yield their juicy fruit and golden. 
In the ancient Jesuit garden, 
Still, each year, their blossoms dance, 
Scent and bloom of sunny France." 



12 CIVIL GOVERNMENT OF MICHIGAN. 

lantic border had grown freely and naturally. They 
had thrust out new settlements as they felt the impulse 
or as the needs of the people seemed to demand. They 
had learned how to govern themselves, and learning 
how had done so. Without being bound and fettered 
by the mother country, they had prospered. They were 
sturdy, strong, self-reliant. The French of Canada, on 
the other hand, had not been allowed to grow naturally. 
They were not practised in self-government. They had 
been kept ignorant and were, as a result, not self-reliant, 
though sometimes wilful. The trade and business of 
Canada had not grown naturally, but had been shaped 
by the policy and wishes of the home government. 
The colony was not vigorous and healthy, but weak, 
therefore, from the nature of things. Its hold on the 
west was far from strong ; for there were only widely 
separated settlements and military outposts. When the 
English colonists began in the middle of the last cen- 
tury to wish for a home in the Ohio valley, the contest 
between the twT> great powers, France and England, 
was sure to come. Of the outcome there could be 
little doubt. France was powerful, but her colonies 
were weak and nerveless ; for they had been para- 
lyzed by too much care. The English colonies were 
strong with the energy of self-confidence and hope ; for 
they had been neglected and had strengthened them- 
selves. 

Its Results. — The struggle decided to whom the vast 
territory in America then claimed by the French should 
belong. More than that, it decided whether the self- 
governing American colonist or the over-governed 
Frenchman should take possession of the country. 



BRITISH OCCUPATION. 1 3 

The victory of Wolfe on the Plains of Abraham 1 was 
the last great decisive battle of the war. France lost 
as a result all hold upon the continent. Canada and 
the whole northwest passed into the hands of England. 
When we consider the extent of the land thus gained 
by England and the meaning of the victory, we are 
impressed with its importance. " The triumph of Wolfe 
marks the greatest turning point as yet discernible in 
modern history." 2 North America was open for the 
English colonist with his civilization, his regard for law, 
and his love of liberty. The country now known as 
Michigan became British territory. 



CHAPTER II. 

BRITISH OCCUPATION OF THE NORTHWEST. 

The Indians and the British. — In the latter part of 
1760, the English took possession of Detroit. They 
ruled without intermission in Michigan for about thirty- 
six years, and in that time succeeded neither in concili- 
ating the French nor in winning the respect and 
affection of the Indians. The French had the faculty 
of making friends of the Indians ; his courtesy did not 
wound them, his easy, affable manners charmed them. 
The Englishman, on the other hand, was stiff, stern, 

1 Battle of Quebec, September 9, 1759. One of the great decisive battles 
of the world. 

1 Fiske's "American Political Ideas," p. 56. 



14 CIVIL GOVERNMENT OF MICHIGAN. 

and cold. His manner was repellant, and he seemed 
to dole out the presents with a certain caution which 
partook of stinginess and destroyed the very effect he 
sought. The Indian's regard for the Englishman must 
needs be purchased with beads, baubles, and drink. 
The Frenchman's good-humor had still its charm when 
his presents of gewgaws or brandy were gone. We 
might expect, under such circumstances, that, when 
Michigan was turned over to its new masters, the 
Indians would not remain quiet and peaceful. 

Pontiac. — At this time the Indians had a great leader. 
Pontiac, a noted chief of the Ottawas, had power and 
influence throughout the northwest. He was a man of 
great vigor of mind. He was keen, wary, and ambi- 
tious. He seemed to see clearly w T hat the English 
occupation meant. The Indian, no longer wooed by 
the two contestants, was now at the mercy of one. 
Unless there was a bold, determined stand against the 
English, they would push on into the country, driving 
the Indians from their homes and hunting grounds. 

Siege of Detroit. — Pontiac decided to make a grand 
effort to throw off the yoke of the intruders. He 
secured the alliance of a number of tribes, and early in 
1763 was ready for action. His plan included attacks 
upon all the outposts of the English even as far east as 
Niagara. The plot for surprising Detroit was a shrewd 
one. The Indians, with their guns hidden beneath their 
blankets, were to repair to the fort and demand a coun- 
cil. This being granted, upon a given signal from Pon- 
tiac, the braves were to draw their rifles and attack the 
unsuspecting garrison. Providentially, the plot was dis- 
closed to the English by a young squaw, who seems to 



BRITISH OCCUPATION'. 1 5 

have taken an interest in the commander. Upon com- 
ing to the council, Pontiac discovered that he had been 
foiled, and he was at last compelled to order an attack 
upon the fortress from without. Beaten in their assault, 
the Indians held the town in a state of siege for months. 
Not until the middle of the next summer (1764) was 
the weary garrison relieved by the arrival of ample rein- 
forcements from the east. 1 

Mackinaw. — At other posts in the west the English- 
men had been surprised and had felt the fury of the 
Indian hatred. The romantic story of the massacre at 
Michilimacinac 2 has been often told, and is one of the 
most dramatic and terrible episodes in the long history 
of border warfare. 

The Indians' Last Effort. — The length and bitterness 
of this contest mark the power and earnestness of 
Pontiac. This was the last great spontaneous effort of 
the Indians to throw off the English domination. Pon- 
tiac's ambition w r as gone. " His hope of seeing the 
empire of France restored in America was scattered to 
the winds, and w r ith it vanished every rational scheme 
of resistance to English encroachment." 3 

1 Note. — Teachers will find interesting accounts of this great con- 
spiracy in Cooley's " Michigan," p. 54 fl., and in Parkman's " Conspiracy of 
Pontiac." 

2 Now spelled Mackinaw. 

3 Parkman's " Conspiracy of Pontiac," p. 566. 



1 6 CIVIL GOVERNMENT OF MICHIGAN. 



CHAPTER III. 

THE REVOLUTIONARY WAR. 

The Northwest. — As long as the French held so 
much of the American continent, they were the ever 
present rivals of the English. Now that they had been 
overpowered, England was beyond all doubt the greatest 
of maritime and colonial powers. But, free from rivalry 
and drunk with her own glory, she began the taxation of 
her colonies. The result was the Declaration of Inde- 
pendence and the American Revolution. We are 
interested here chiefly in the fate of the western coun- 
try. We must remember that the colonists had scarcely 
any hold upon it. A few pioneers had struggled over 
the Alleghanies into Kentucky and Tennessee, but in the 
northwest the old French settlements were simply held 
by English garrisons. The thriftless voyageurs or the 
happy-go-lucky French farmers took no interest in a 
struggle over taxation or political privileges. To them 
the Revolution was a mystery. Unless the Americans 
could occupy the country, even if they should be suc- 
cessful in the war, there would be no ground for claim- 
ing a boundary north of the Ohio. But, as we shall 
see, largely through the zeal and energy of one man, 
the United States was able to lay claim to all the terri- 
tory north of the Spanish Floridas and south of the 
Great Lakes. 



THE REVOLUTIONARY WAR. 1 7 

Lieutenant-Governor Hamilton. — At the outbreak of 
the Revolution the British commander at Detroit was 
Colonel Henry Hamilton. His position was favorable 
for influencing the Indians, and he entered upon the 
task with great zest and unbecoming vigor. In the 
French and Indian war both the contending nations 
had made use of the savages when they could obtain 
their services. Now the English began to seek their 
aid, and the American Congress was ready to use a 
small force. Hamilton, by offering rewards for scalps, 
won for himself the title of " hair-buyer." From his 
post at Detroit he planned expeditions against the out- 
lying settlements of Pennsylvania and Kentucky, and 
prompted the horrible attacks on the scattered settlers 
along the Ohio. The amount of rum which bought the 
aid of Indians was prodigious. It was measured out by 
the thousand gallons. Detroit was the scene of great 
activity through the whole war. Often it was aroused 
by the death whoop of the returning war bands, which 
announced success and the number of the slain ; riot 
and drunken debauchery followed, when the braves were 
paid for the scalps they had brought back. These atroc- 
ities encouraged some of the settlers of Kentucky to 
make an attack upon the English garrisons in the north- 
west. Kentucky w r as then considered part of Virginia. 

Clark's Expedition. — In 1778, George Rogers Clark, 
with a small band of about one hundred and eighty men, 
marched across the country and seized Kaskaskia, an 
old settlement in what is now the state of Illinois. 
Other posts soon surrendered to the Americans. Hamil- 
ton, however, marching from Detroit to Vincennes, 1 took 

1 In what is now Indiana. 



1 8 CIVIL GOVERNMENT OF MICHIGAN, 

possession of that town and seemed for the moment to 
have put a stop to Clark's successful career. But the 
brave Virginians were not thus to be outdone. Clark 
immediately started on a long march across the country. 
The time was the middle of winter. Part of the way 
was over low lands which had been flooded by recent 
rains, and the soldiers marched through water that was 
often as high as their necks. This was a memorable 
expedition. Upon its result depended, in all likelihood, 
the ownership of the vast territory which now forms 
five American states. The men kept up their courage 
in spite of the hardships. " The drummer of the party 
was a jovial little Irishman, with a rich voice and a 
memory well stored with comic songs. When the men 
were wading through mud and water, Colonel Clark 
would seat the drummer on his drum, on which he 
floated and sang, keeping up the spirits of the men 
with his lively melodies." 1 Vincennes surrendered and 
Hamilton himself was captured. 

The Northwest American. — Clark was desirous of at- 
tacking Detroit, but was not enabled to do so. Never- 
theless, the northwest had practically passed into the 
hands of the Americans, and by the treaty of 1783, 
which closed the war, the boundary of the United States 
was fixed at the Mississippi on the west and the Great 
Lakes on the north. Michigan was American territory. 

The British Retain the Northwest. — Not until thir- 
teen years after the treaty was signed did the English 
give up Detroit. We can discover several reasons for 
this. In the first place they were loath to give up more 
than they were compelled to, and thus disliked to ac- 

1 Farmer's " History of Detroit and Michigan," p. 52. 



THE REVOLUTIONARY WAR. 19 

knowledge fully that our country had won her inde- 
pendence even from petty annoyances. Moreover, if 
the western posts w r ere retained, the English were as- 
sured of a continuing influence over the Indians, and in 
case of another w r ar these savage allies would be useful. 
The English long persisted in the hope that the revolted 
colonies would be unable to form a strong general gov- 
ernment or to live side by side in harmony ; and, in case 
of a war between the states, it was thought that some 
would seek the protection of the mother country, and 
perhaps all would be so weak that they could easily be 
brought into submission. We need not conceal from 
ourselves that there was some basis for such hope. 
Until our Constitution was adopted, the fate of the 
American nation seemed trembling in the balance. 
Beyond all, England was unwilling to renounce her last 
hold on the country until she had her full rights under 
the treaty, — and this, for some time, America seemed 
unable to give. The chief source of annoyance arose 
from the fact that the states, in a selfish, domineering 
way, did not offer English merchants a fair chance to 
collect their debts by suits in the state courts. Michi- 
gan remained, therefore, in the hands of the English 
until the two countries came to a settlement of their 
difficulties. 

Indian War. — The Indians w T ho had sided with Eng- 
land in the late war continued to threaten the American 
settlements on the frontier. They claimed all the land 
north of the Ohio and insisted that the Americans must 
not trespass upon this territory. They seem to have 
been encouraged in their claims by some of the English 
commanders. It was at least evident that, so long as 



20 CIVIL GOVERNMENT OF MICHIGAN. 

the English retained possession of Detroit, the task of 
overcoming the Indians was a difficult one. By 1790, 
there were settlements of importance across the moun- 
tains in the Ohio valley, and the Americans of the eastern 
states were only awaiting assurance of safety to make 
their way in numbers into the new country. Failing at 
last in all efforts at conciliation, our government tried 
to force the Indians to cease their annoyances. Two 
armies, which were sent out for this purpose, were com- 
pletely routed, and the savages were more insolent and 
terrible than ever. Not till General Wayne, in 1794, 
met and defeated them, almost under the guns of a new 
British fort which had been built upon the Maumee, was 
the northwest really thrown open for American settlers. 
Jay's Treaty. — President Washington sent John Jay 
to England to try to come to an agreement on the mat- 
ters in dispute between the two countries. This he suc- 
ceeded in doing. By the terms of his treaty the western 
posts were to be given up June 1, 1796. On July 11, 
1 796, the American flag for the first time floated over 
the soil of Michigan. Two great powers had claimed 
and in turn had possessed Detroit and the outlying set- 
tlements. Now the third took control, and American 
laws were extended to the line of the Great Lakes. 
Thus it may be said that the Revolution was not made 
complete in Michigan till twenty years after the Decla- 
ration of Independence. 



ORGANIZATION OF THE NORTHWEST. 21 



CHAPTER IV. 

THE ORGANIZATION OF THE NORTHWEST. 

The Land Cessions. — Even before the end of the Rev- 
olutionary war, and before it was determined whether 
or not England would relinquish her claim to the land 
between the Alleghany Mountains and the Mississippi, 
there was considerable rivalry between the different 
states about the ownership of this territory. Virginia 
claimed not only the country that is now Kentucky, but 
insisted also that both because of her charter from King 
James and the conquest of Clark the territory north of 
the Ohio was rightfully hers. 

On the other hand New York laid claim to it, while 
Massachusetts and Connecticut maintained that they 
had rights in strips of this territory lying directly west 
of them and extending through to the Mississippi. For- 
tunately a spirit of generous patriotism finally overcame 
these selfish disputes, and all the states ceded to Con- 
gress for the benefit of the United States their interests 
or titles in the territory. Connecticut retained her claim 
to a portion of country south of Lake Erie, a section 
which in consequence became known as the Western 
Reserve of Connecticut. 

Ordinance of 1787. — It was desirable to form some 
sort of government for this territory, to lay down at 
least general propositions which would show the rela- 



22 CIVIL GOVERNMENT OF MICHIGAN. 

tions between the general government and this newly- 
acquired province. The fundamental Ordinance, as 
finally adopted by the Congress of the Confederation 
July 13, 1787, is one of the most important documents 
of our history. It is a monument of wise statesmanship. 
The free and vigorous life of the old northwest owes much 
to the liberality of this fundamental law. So carefully 
was it framed, so wise and judicious were its leading 
principles, that it has proved in many ways a model for 
the regulation of territories, and it has moulded the 
history of the whole west and influenced the political 
thought of our country. The people of Michigan may 
well consider it their primary constitution ; for upon 
this foundation we rose to statehood and by it our polit- 
ical life has been largely shaped. " I doubt," said Web- 
ster, " whether one single law of any lawgiver, ancient or 
modern, has produced effects of more distinct, marked, 
and lasting character than the Ordinance of 1787." 
Bancroft declares that it influenced the " character and 
destiny of the United States," and says that its passage 
was a " fact, sublime and humane and eventful in the 
history of mankind." 

Slavery Forbidden. — The truth of such eulogies as 
these may be seen from even a hurried study of the 
Ordinance. 1 The most famous portion is the sixth 
clause, a part of which reads as follows : " There shall 
be neither slavery nor involuntary servitude in the said 
territory, otherwise than in the punishment of crime, 
whereof the party shall have been duly convicted." 

1 The teacher will find it profitable to spend some time in studying this 
Ordinance with the class. Copies can be obtained without much difficulty. 
The Ordinance is published in cheap form in the Old South Leaflets. 



ORGANIZATION OF THE NORTHWEST. 23 

These words dedicated the northwest to freedom. 
When the hour of trial came and the slaveholding 
states attempted to secede, the free northwest stood 
ready to battle for the Union and to help wipe out the 
curse of slavery from the land. The wonderful growth 
and prosperity of the country are due in no small degree 
to this famous prohibition. Foreign immigrants w T ho 
came to the New World to win their way to comfort 
would not seek homes in states where the laborer was a 
slave and labor degrading, and so nearly the whole tide 
of immigration flowed into the country north of the Ohio. 
Other Provisions. — The broad and generous educa- 
tional system of Michigan no doubt takes its rise in the 
third clause of the Ordinance : " Religion, morality, 
and knowledge being necessary to good government, 
and the happiness of mankind, schools and the means 
of education shall forever be encouraged." This clause 
has been of enormous influence in directing the ener- 
gies of the people toward the support of free schools. 
Another clause declared that not less than three nor 
more than five states should be formed from the terri- 
tory, and that these states could be admitted to the 
Union with republican constitutions whenever they had 
sixty thousand inhabitants. Thus it will be seen that 
before the Constitution of the United States was framed 
in full this Ordinance mapped out the policy to be fol- 
lowed toward territories, indicating that they should not 
be held as colonies, but should be given the right of 
self-government as members of the American Union. 
The Ordinance also outlined great principles of civil 
liberty, and these were a constant source of education to 
the people of the territory. They served as guides to 



24 CIVIL GOVERNMENT OF MICHIGAN. 

liberal government and good law when state constitu- 
tions were forming. Not of least importance was the 
fact that this wise Ordinance emphatically stated that 
the territory and states that might be formed from it 
must remain forever a portion of the American Union 
and obedient to its laws. Moreover, any intolerant 
policy that might spring from state selfishness was con- 
demned, for the highways of commerce, the great navi- 
gable waters, must be left freely open for all citizens of 
the United States. 



CHAPTER V. 

MICHIGAN BEFORE THE WAR OF 1812. 

The Organization of the Territory. — The northwest 
territory remained undivided until 1800. At that time 
it was divided into two portions, the western one 
being called Indiana, and the eastern the northwest 
territory. The dividing line ran from the mouth of 
the Kentucky River nearly due north through the 
middle of the lower peninsula of Michigan. In 1802 
Ohio formed a state constitution, and all of what is 
now Michigan became a part of Indiana territory. By 
an act of Congress passed January 11, 1805, and to 
take effect June 30, Michigan was formed as a separate 
territory. It was to include all of Indiana north of a 
line drawn east from the southern end of Lake Michi- 
gan until it intersects Lake Erie and east of a line 
drawn from the southern end of Lake Michigan through 



MICHIGAN BEFORE THE WAR OF 1812. 25 

the middle of the lake to its northern end, and then 
north to the northern boundary of the United States. 
These were the legal limits of Michigan for a number 
of years. But we may anticipate a little by saying that 
from 1 8 18, when Illinois was admitted to the Union, till 
the time when Michigan was admitted to the Union 
(1837), Michigan territory included all the land north 
of Illinois and east of the Mississippi, embracing there- 
fore the northern peninsula, Wisconsin, and the north- 
eastern part of Minnesota. Between 1834 and 1836 
the western limit of the territory was the Missouri 
River, the southwestern boundary being the southern 
line of Iowa. Thus we see that Michigan territory 
had many forms and sizes before the state was created 
with its present limits. 

Description of the Territory. — At the beginning of 
this century the inhabitants of Michigan were nearly all 
French. A few Scotch and English had settled in 
Detroit, but the French language and French customs 
and ideas prevailed. The Americans came in slowly. 
To the people of the Atlantic coast Detroit seemed a 
long way off. Few persons at that time had any con- 
ception of the importance of the acquisition of the 
northwest from England, and not until the century was 
well advanced was there any great migration into Michi- 
gan from the eastern states. 

The territory had improved but little, though it had 
now been settled a hundred years. The great virgin 
forest still hemmed in the people to the river bank, 
along which they had settled. There was a settlement, 
a poor affair, at Frenchtown, 1 and long, narrow farms 

1 Where Monroe now stands. 



26 CIVIL GOVERNMENT OF MICHIGAN. 

stretched back from the river below and above Detroit. 
There were no roads to the interior save the winding 
Indian trails. When the American did come at last to 
make his solitary home in the oak openings, or to cut 
his clearing out of the forest, he found few more aids 
to travel than he would have found had he been brought 
to the shores of Michigan by the " Griffin" one hundred 
and fifty years before. 

Detroit Burned. — Detroit was a small place, mostly 
gathered within a snug stockade. Narrow streets, from 
twelve to twenty feet in width, sloped to the river, and 
were lined with the houses of the sociable Frenchmen. 1 
There were, perhaps, some two hundred houses crowded 
within the pickets. They were built of oak or cedar 
logs and with stone chimneys. In 1805 a fire broke 
out and completely destroyed the town, leaving but one 
house standing. Because of this fire it was possible to 
layout the city anew on a more liberal plan. Broad 
avenues took the places of the narrow streets, and 
finally Judge Woodward's cobweb plan was put into 
effect, a veritable snare for the feet of the unwary 
stranger. 

Form of Government. — The first form of territorial 
government was outlined in the Ordinance. It con- 
sisted of a governor, a secretary who performed the 
duties of the governor in the latter's absence, and, lastly, 
three judges who constituted the judicial department. 
All were appointed by the president. The legislative 
department was made up of the governor and judges. 

1 For a picture of the life of the French farmers of early Michigan, see 
Cooley's " Michigan," p. 233 fl. ; McLaughlin's " Lewis Cass," Chap. I.; 
Hubbard's "Memorials of a Half Century," p. 117. 



THE WAR OF 1812. 27 

The government, therefore, did not spring from the 
people of the territory, but was given them by the 
United States government. 

Governor HulPs Administration. — The first governor 
of the territory was William Hull (1805-18 13). His 
administration w T as not a successful one in all respects. 
There was a great deal of quarreling between the gov- 
ernor and one or two of the judges. Moreover, from 
about 1807 on, there was some uneasiness caused by 
the restlessness of the Indians, who had never felt any 
friendliness toward the Americans. They were still 
influenced by the presents and blandishments of the 
British. As our country and England were evidently 
drifting into war, the Indians became more openly 
hostile. In case of a war the situation at Detroit was 
very perilous. 



CHAPTER VI. 

THE WAR OF 1812. 

Tecumseh. — A noted chieftain, fit to rank by the side 
of Pontiac for ability and generalship, had for some 
time been preparing a great confederacy of tribes to 
resist the encroachments of the Americans. The 
Indians were defeated in the battle of Tippecanoe 
(181 1) and Tecumseh's hopes seemed shattered; but 
when war broke out the next year between England 
and the United States, he was ready to join the English 
with a large force. 



28 CIVIL GOVERNMENT OF MICHIGAN. 

The Surrender of Detroit. — Detroit was separated 
from the settlements in Ohio by about two hundred 
miles of uninhabited forests. The British had a fort 
on the Canadian side of the Detroit River. As war was 
imminent, Governor Hull was given command of a force 
in Ohio, and he marched to the protection of Detroit. 
Before he reached his destination war had been declared 
against Great Britain (June, 1812). Hull almost imme- 
diately crossed the river, and for a time seemed to be 
in a condition to hold western Canada with his troops. 
But he soon lost heart in the enterprise and crossed back 
to Detroit. The British fort at Maiden had an advanta- 
geous position,, and its garrison was strengthened by 
troops from Lower Canada under the command of Isaac 
Brock. This general acted with great vigor and bold- 
ness. On the sixteenth of August he caused his army 
to be transported to the American side of the river. He 
then marched upon Detroit. Hull surrendered the place 
without striking a blow or firing a gun in its defence. 

Criticism of Hull's Action. — Hull's conduct has been 
severely criticised. Many persons at the time charged 
him with treason. A court-martial which met at Albany 
found him guilty of cowardice and unofficer-like conduct. 
He was sentenced to be shot, but the president pardoned 
him. Few who have studied the situation now think 
that he was guilty of treason, and some even think his 
action was justifiable. It seems reasonable, however, to 
believe that he was overcome by a sense of responsibil- 
ity and by dread of the vengeance of the Indians. He 
certainly did not show true courage and manly bearing. 

Detroit Taken. — An army from Kentucky, which 
came in the winter of 18 13 to recapture Detroit, was 



THE WAR OF 1812. 29 

massacred at the river Raisin by the Indians. On 
September 10, Commodore Perry won his famous victory 
in the battle of Lake Erie. This gave the control of the 
western lakes to the Americans. The British, who 
had held Detroit since Hull's surrender, retreated into 
Canada, but were overtaken by the army of General 
Harrison and defeated at the battle of the Thames. 
Michigan was once more in the hands of the Americans. 

Troubles from the Indians. — Although Michigan was 
no longer under the control of the British, there were 
still many perils to be encountered. The Indians were 
a continual menace to the settlements and for some time 
Detroit was almost in a state of siege. Many of the 
people, afraid to stay upon their farms, crowded into 
the town. It was a difficult matter to bring order out of 
the panic and to restore confidence. General Lewis Cass 
had been left by General Harrison in charge of the place, 
and he was soon (18 13) made civil governor of Michi- 
gan. He succeeded finally in defeating and overawing 
the Indians, but at the close of the war the territory of 
Michigan was in a most distressed and pitiful condition. 

Results of the War. — The people of the outlying 
settlements had been impoverished by the pillage and 
destruction. Many were reduced to want and almost to 
starvation. All the horrors of border warfare had been 
visited upon the unfortunate province. Aid was re- 
ceived from the general government, but only gradually 
did an air of prosperity take the place of the prevailing 
desolation. 



30 CIVIL GOVERNMENT OF MICHIGAN. 



CHAPTER VII. 

DEVELOPMENT OF THE TERRITORY: ADMITTANCE 
TO THE UNION. 

Development. — From this time on, however, the in- 
dustrial development of the territory was continuous. 
The listless, happy-go-lucky French farmers, who tilled 
their small farms in contentment, knew nothing of scien- 
tific tillage. Their implements were crude and heavy. 
Their happiness seemed to crush out rivalry or ambi- 
tion. As the Americans came into the territory, they 
brought their thrifty New England habits. Their well- 
made modern tools began to displace the mediaeval tools 
of the Frenchmen, who long, however, clung to their 
simple methods of life. American enterprise slowly 
made headway in changing the province into a prosper- 
ous, vigorous state. 

The French Farmers. — Even fifteen years after the 
war, Detroit and its vicinity were strongly French. Be- 
low and above the town for miles the river was lined 
with farms, each having its own water frontage and 
stretching back in a long, narrow ribbon of land. Big 
apple trees and giant pear trees crowded the slender 
farms. Old-fashioned houses, with steep roofs and 
dormer-windows, gave a quaint and curious aspect. The 
Frenchman remained contentedly on his little home- 
stead, looking with some amazement upon the pushing 



DEVELOPMEXT OE THE TERRITORY. 3 1 

Yankee trader or the farmer who made his way into the 
forest to hew out a clearing and build a home. 

Changes in Government. — In 1819, Michigan was 
given the privilege of sending a delegate to Congress. 
Until 1823 the legislative power was vested in the gov- 
ernor and judges. In that year Congress passed a law 
transferring this power to the governor and a council of 
nine. The members of the council were selected by 
the president and confirmed by the senate out of 
eighteen elected by the people of the territory. Two 
years later the number in the council was increased to 
thirteen, and in 1827 the people were allowed to choose 
all its members without restriction. The judicial system 
of the territory also was altered from time to time to 
meet the growing needs of the people. General Cass 
remained governor until the middle of 183 1. 

The Work of Governor Cass. — The second governor 
of Michigan did a great work in building up the terri- 
tory. He studied the character of the Indians and was 
wonderfully successful in controlling them and in hold- 
ing their confidence. He entered into nearly a score of 
treaties with them and secured, for our government, title 
to a very large portion of the northwest. He explored 
the territory and endeavored to make its attractions 
known to the people of the east. Moreover, he was 
desirous of introducing local self-government, and he 
encouraged the people to participate in the political 
affairs of the territory. During his administration a 
number of counties were formed and preparation was 
thus made for the later political organization of the 
state. " Permanent American settlement may be said 
to have begun with him ; and it was a great and lasting 



32 CIVIL GOVERNMENT OF MICHIGAN. 

boon to Michigan when it was given a governor at once 
so able, so patriotic, so attentive to his duties, and so 
worthy in his public and private life of respect and 
esteem." 1 By the end of his administration Michigan 
was forging rapidly ahead. 

Growth of the State. — In 1818 the first steamboat, 
" Walk-in-the- Water," appeared at Detroit. By the 
opening of the Erie Canal (1825) an easy means of com- 
munication was given with the east, and the territory 
was rapidly peopled, largely by hardy New Englanders 
and New York people. Especially between 1830 and 
1838 was Michigan settled by people from the eastern 
states. Those were the years when all over the coun- 
try there was great interest in the development of 
the new west. The character of the immigration into 
Michigan during these years permanently influenced 
the development of the state and shaped its political 
institutions. 

Admittance of the State. - — By the Ordinance of 1787 
a territory with sixty thousand inhabitants had the right 
to be admitted as a state into the Union. Michigan 2 
(1835) began earnestly to demand that privilege. A 
boundary controversy with Ohio now arose. Michigan 
claimed that the line dividing her territory from that of 
Ohio was one drawn direct from the southern end of 
Lake Michigan until it intersected Lake Erie. Such 
was the division of the northwest contemplated by the 
Ordinance. Ohio claimed, however, that Congress had, 
upon her admission to the Union, recognized a boun- 
dary farther to the north, including the mouth of the 

1 Cooley's " Michigan," p. 204. 

2 A census taken in 1834 showed over eighty-five thousand people. 



ADMITTANCE TO THE UNION. 33 

llaumee and the town of Toledo. At one time there 
seemed danger of war between the two states. Each 
ordered out its militia to protect its interests. A com- 
promise was, however, suggested by Congress and ac- 
cepted by the people of Michigan. The state was to 
be admitted to the Union with limits which included the 
northern peninsula. In exchange for the addition of 
this large portion of territory, all claim was to be surren- 
dered to the Toledo strip. The people after some hesi- 
tation accepted the terms and Michigan w r as admitted 
to the Union January 26, 1837. 

The Constitution. — The constitution of the new state 
was a simple one. It began with a clear statement of 
fundamental rights, declaring that all political power was 
inherent in the people. It established the right of trial 
by jury and guaranteed the recognition of the great 
principles of liberty. Three departments of govern- 
ment were created — executive, legislative, and judicial. 
The governor was given great power in comparison 
with that granted by some of the earlier constitutions. 
With the advice and consent of the senate he could 
appoint the judges of the supreme court and other im- 
portant state officers. The state treasurer was elected 
by a joint vote of the two houses of the legislature. 
Provision was made for schools and education on a 
broad and generous basis. 

Elements in the Life of the State. — Reference has 
already been made to the great number of French in 
Michigan and also to the fact that, in its later years as a 
territory, the immigrants were largely from New York 
and New England. No other state in the Union per- 
haps has been so largely populated from these sections. 



34 CIVIL GOVERNMENT OF MICHIGAN. 

The New Englanders naturally brought with them their 
regard for local self-government. They had been accus- 
tomed to regulate their own local affairs in the town 
meetings, and ther " >re town government came into 
existence in Michiga . as a matter of course. These pri- 
mary assemblies of the people have been of great value 
as nurseries of liberty and schools for political training 
and political thought. Jefferson said that towns had 
" proved themselves the wisest invention ever devised 
by the wit of man for the perfect exercise of self-govern- 
ment and for its preservation." At the outset, then, and 
even before the constitution was adopted, the people in 
the little settlements throughout the state began to man- 
age the business of their localities and did not wait to 
be directed by the state government. 



o^*^o 



CHAPTER VIII. 

HISTORY SINCE ADMITTANCE TO THE UNION: 
ANALYSIS OF THE CONSTITUTION. 

Financial Conditions. — In order to understand the 
history of Michigan and appreciate its development, 
we ought to see its condition and know the trials that 
beset it soon after its admittance to the Union. Be- 
tween 1830 and 1837 the people of the whole Union 
seemed bewitched with a longing to invest in the wild 
lands belonging to the national government. At the 
same time there was the great zeal throughout all the 
west for internal improvements — for canals and rail- 



HISTORY SIXCE ADMITTANCE. 35 

roads. The people had a vision of prosperity, and with 
reckless enthusiasm entered upon vast schemes of im- 
provement, as if in a moment the ^wilderness was to be 
transformed into the habitation of man. Reckless- 
ness and extravagance brought upon the states an im- 
mense load of debt. None suffered from this more 
than Michigan. The panic came in 1837. The peo- 
ple realized that they had been building air castles, but 
discovered that the debt incurred was a dire actuality. 
The state struggled along under this burden and only 
slowly raised itself to prosperity. The lessons of these 
reckless investments were well learned. The first con- 
stitution made it obligatory on the legislature to en- 
courage internal improvements. When it was found 
necessary to revise the constitution (1850) the legislature 
was forbidden to give money for such purposes. 

Michigan and Slavery. — Michigan, as a portion of 
the old northwest, was never cursed by slavery. 1 The 
people, therefore, soon found their way to the right 
side when the inevitable conflict between freedom and 
slavery came on. For a short time after the passing of 
the Compromise of 1850, the north seemed satisfied 
that the great question was settled. But there was a 
feeling of uneasiness; and when the Missouri Compro- 
mise was repealed (1854), and the Southerner was 
allowed to carry his human chattels into all the national 
territory beyond the Mississippi, the north was awak- 

1 In the early French days there were a few Indians, and perhaps a few 
negroes, held as slaves. Later, in 1830, a census disclosed the fact that 
there were thirty-two slaves in the territory. This was merely accidental 
or exceptional, however, and when Michigan came into the Union there 
was probably not a bondman in the state. 



36 CIVIL GOVERNMENT OE MICHIGAN. 

ened to the danger. Michigan led the way by the forma- 
tion of the Republican party at Jackson, July 6, 1854. 
The main tenet of the party was opposition to the spread 
of slavery. During the war of the Rebellion, Michigan 
was strongly loyal. Over ninety thousand soldiers were 
furnished to the Union army, and of these over four- 
teen thousand gave up their lives for their country. 

The Capital. — The first constitution declared that the 
seat of government should be at Detroit, or at such 
other place or places as might be prescribed by law, 
until the year 1847, when the legislature should fix upon 
a permanent location. When that time came, there was 
much discussion and difficulty in reaching an agreement. 
Finally, in accord with a suggestion that the geographi- 
cal center of the state be selected without reference to 
importance of towns then existing, Lansing was chosen 
as the permanent capital. 

Constitutional Conventions. — A convention for revis- 
ing the original state constitution met at Lansing in 

1850. A constitution which differed from the old one 
in a number of particulars was agreed upon. Being 
ratified by the people, it went into effect January 1, 

185 1. With various alterations and additions by amend- 
ment, it has remained the fundamental law of the state 
until the present. A third convention was held in 1867, 
but the people did not accept the result of its labors. 
In 1873 a constitutional commission met and made 
sundry proposals for amendment and revision, but the 
people rejected these recommendations. There was 
seemingly a feeling that a commission, appointed by 
the governor at the direction of the legislature, ought 
not to attempt to make any radical revision of the con- 



HISTORY SINCE ADMITTANCE. 37 

stitution ; that such work belonged to representatives 
directly chosen for that purpose by the voters. 

Amendments. — Amendments to the constitution have 
been made at various times, but they have not materi- 
ally altered the frame of the government or added to 
the duties of its officials. The original constitution 
fixed the salary to be received by the state officers. 
The sums mentioned were so low that some changes 
have been made necessary. In 1870 the constitution 
was so altered that negroes were given equal privileges 
with white persons. By an amendment adopted in 
1876 there w r as stricken from the constitution a clause 
prohibiting the legislature from authorizing the grant of 
license for the sale of liquor. The other amendments 
need not be given here in detail. 

Nature of State Constitution. — " A State Constitu- 
tion," says Mr. Bryce, "is really nothing but a law 
made directly by the people voting at the polls upon 
a draft submitted to them. . . . Hence the enactment 
of a constitution is an exercise of direct popular 
sovereignty to which w r e find few parallels in Modern 
Europe." 1 There has been an evident tendency in 
our history to extend the scope of state constitutions. 
Instead of including the mere general outline of gov- 
ernment, many constitutions enter into various details 
that might properly be subjects of legislation by the 
governments established under the constitution. This 
tendency has undoubtedly come from a feeling that the 
people are more to be trusted than any of their agents. 

The constitution of Michigan is conservative and 
moderate; but the one adopted in 1850 is just twice as 

1 "American Commonwealth," Vol. I., Am. Ed., p. 421. 



38 CIVIL GOVERNMENT OF MICHIGAN. 

long as the first constitution of the state. In some par- 
ticulars, it entered somewhat needlessly into the field of 
ordinary legislation. When Michigan was admitted the 
state was on the frontier. It was poor. Its inhabitants 
were thrifty farmers who, by dint of toil and industry, 
were beginning to have comfortable homes. They 
believed in economical government and simplicity. The 
constitution of 1850 declared what salaries should be 
received by certain state officials. The governor, for 
instance, was to receive only one thousand dollars ; cir- 
cuit judges were to receive fifteen hundred. The whole 
scale established was low even for that time. Since the 
Rebellion the conditions of life have materially altered, 
yet only perseverance secured amendments to the con- 
stitution increasing the salaries of these officers. Money 
is a changeable thing in its purchasing power, and it 
seems undesirable that salaries should be permanently 
fixed by constitutional enactments. Nothing can be 
more economical than the securing of the best possible 
judges; but it is hard to get lawyers, that are well 
equipped in their profession, to accept judicial positions 
which bring them in less than their ordinary practice. 
And yet these simple and economical standards, estab- 
lished thus early, undoubtedly had certain beneficial 
effects in keeping " alive ideas of economy and frugality 
in official circles." 1 These facts illustrate what has 
been said above as to the tendency to legislate in the 
constitution. Such legislation is democratic rather than 
representative, and, while not entirely wise, is an encour- 
aging proof of the confidence of the people in them- 
selves and faith in their own honesty and political sense. 

1 Cooley's " Michigan," p. 303. 



ANALYSIS OF THE CONSTITUTION. 39 

Analysis of the Constitution. — The constitution of 
Michigan, not including its amendments, is divided into 
twenty articles. These may be roughly grouped as 
follows : (a) The definition of the boundaries of the 
state, (b) The frame of government ; giving the name, 
duties, and powers of the different officers and depart- 
ments of government. (V) Sundry provisions concern- 
ing elections, the organization of counties and townships, 
education, militia, etc. (d) An article entitled miscella- 
neous provisions, which includes many restrictions upon 
legislative activity, which are in the nature of guarantees 
of civil liberty. Other guarantees of this kind are 
found in other clauses. There is no separate article 
which might be called a bill of rights, such as we find 
in many state constitutions. To these twenty articles 
must be added the schedule. This is of a temporary 
nature. It marks out the method of submitting the 
constitution to the people for their adoption or rejection, 
and the manner of putting it into operation if adopted. 

Division of the Powers. — At the time the constitu- 
tion of the United States was adopted, it was considered 
an axiom in political science that liberty was best pre- 
served by the division and separation of the powers of 
government. Following the example of the nation, 
therefore, the various states have carefully separated 
the government into three departments, each with its 
appropriate powers. It is a fundamental proposition 
in the Michigan constitution that "no person belonging 
to one department shall exercise the powers properly 
belonging to another, except in the cases expressly 
provided." The departments are the legislative, execu- 
tive, and judicial. 



40 CIVIL GOVERNMENT OF MICHIGAN. 



CHAPTER IX. 
THE LEGISLATIVE DEPARTMENT. 

General Provisions. — The legislative power is vested 
in a senate and house of representatives. The mem- 
bers are elected every two years on the first Tuesday 
after the first Monday in November. They meet in 
Lansing on the first Wednesday in January following 
their election. The governor may convene them on 
extraordinary occasions. Each member is entitled to a 
compensation of three dollars per day and mileage of 
ten cents per mile. Members from the upper peninsula 
may be paid two dollars per day in addition. Each 
house has the right of determining the rules of its pro- 
cedure and the election and qualifications of its mem- 
bers. A bill may originate in either house. 

The Senate. — The senate consists of thirty-two 
members. The state is divided into senatorial districts 
in the first session after each census taken by the 
United States, and also after each state census. 1 Each 
district elects one senator. The senate sits as a court 
of impeachment to determine the guilt or innocence of 
officers accused of corrupt conduct in office or of crime 
and misdemeanors. Whenever a vacancy occurs in any 
of the state offices, the governor fills by appointment 

1 The national census is taken at the end of every decade and the state 
census four years later. The last state census was taken in 1884. 



THE LEGISLATIVE DEPARTMENT. 4 1 

with advice and consent of the senate, if in session. 
With these exceptions the duties of the senate are 
merely legislative. 

House of Representatives. — In the lower house, as 
the house of representatives is frequently called, there 
are at present one hundred members. The constitution 
simply states that the members shall consist of not less 
than sixty-four nor more than one hundred. Represent- 
atives, like senators, are chosen in separate districts, 
outlined at the same time as the senatorial districts. If 
a county is entitled to more than one representative, 
the board of supervisors has the authority to make 
the division. The house has the sole power of impeach- 
ing civil officers. The trial is conducted before the 
senate by a committee of three prosecutors, selected by 
the representatives from their number. 

Third Branch of the Legislature. — The constitution 
declares that legislative power is vested in a senate and 
a house of representatives. Yet evidently there is a 
third branch of the legislature with great power in the 
making of laws, though a power not equal to that of 
the other two branches. 1 It is the governor's duty to 
sign a bill or to return it with his objections to the 
house in which it originated. The refusal to sign and 
the return of the bill constitute a qualified veto, and it 
requires a two-thirds vote of each house to establish a 
law without the signature of the governor. The gov- 
ernor has no power of initiation, — i.e. he cannot begin 
law-making, — but he plays a very considerable part 
before the work is finished. If the governor does not 

1 The constitution of the United States even says that all legislative 
power is vested in Congress, and yet gives the president a share. 



42 CIVIL GOVERNMENT OF MICHIGAN. 

sign or veto a bill within ten days from the time it 
reaches him, it becomes a law without his signature, 
unless the legislature by adjournment prevents its 
return. Any bill coming to the governor in the last 
five days of the session may be signed by him five days 
after adjournment. 

Restrictions. — There are various restrictions upon 
the actions of the legislature, most of them intended to 
secure methodical and careful procedure and freedom 
from tyrannical action. Some of them are as follows : 
No new bill may be introduced after the first fifty days 
of the session, and no law may embrace more than one 
object, which must be expressed in the title. All laws 
are to be published. No private bill can be audited or 
allowed. All private corporations must be formed 
under general laws and not by special statute. This 
last provision is to guard against corruption and bribery, 
and is now commonly found in state constitutions. No 
money may be appropriated from the treasury for 
religious purposes, nor may the legislature enlarge or 
diminish the civil or political privileges of any one on 
account of his religious belief. No lottery may be 
established. Liberty of speech and of the press must 
not be abridged by legislation. 

There are included in various articles in the constitu- 
tion a number of affirmative declarations, which actually 
restrain or direct legislation. The following are per- 
haps the most important examples. The constitution 
establishes the amount of property which shall be con- 
sidered exempt from sale on execution or other final 
process from a court. Personal property to the amount 
of five hundred dollars is thus exempted. Moreover, a 



THE LEGISLATIVE DEPARTMENT. 43 

debtor is in like manner protected in possession of forty 
acres, or a house and lot in a city or village, not exceed- 
ing fifteen hundred dollars in value. The stockholders 
of all corporations are individually liable for all labor 
performed for the corporation. The legislature is . 
directed, in providing for the incorporation of cities and 
villages, to restrict their power of taxation and of bor- 
rowing money. 

Officers of the House. — The house selects a speaker from its 
own members. He presides over the house. The other officers 
are clerk, journal clerk, corresponding clerk, engrossing and enroll- 
ing clerk, assistant engrossing and enrolling clerk, sergeant-at-arms. 
The last officer has two assistants. 

Of the Senate. — The lieutenant-governor is presiding officer of 
the senate. The other officers are similar to those of the house, 
though not identical. The clerk of the senate is known as the 
secretary, and he has one assistant. 

Committees. — It has been said that Americans are 
not governed by a Congress or a Parliament, but by 
committees. 1 Certainly the committee system is of 
great importance in our method of government in 

1 Some of the important committees are ways and means, municipal 
corporations, judiciary, railroads, private corporations, insurance, manu- 
factures, agriculture. There are also several committees each of which has 
for its special duty to look into the needs of some state institution and pre- 
pare and report a bill appropriating the needful funds. Thus, in both the 
senate and the house, there are committees on the Agricultural College, 
on the University, on the Normal School, etc. The house committees, as 
a rule, are composed of five persons. Some, such as the committee on 
ways and means, have seven. In the senate there is no committee on 
ways and means, but a committee on finance and appropriations. The 
usual number of a senate committee is three, though some have five. 

Note. — The teacher interested in the committee system and its mean- 
ing will find interesting discussions in Bryce's " American Commonwealth," 
Vol. I., p. 150 fl., and in Woodrow Wilson's " Congressional Government." 



44 CIVIL GOVERNMENT OF MICHIGAN. 

nation and state. It has been adopted in every state 
in the Union. The Michigan house had in the session 
of 1891-92 fifty-three committees whose duties covered 
nearly every conceivable subject of legislation. In the 
senate there were fifty. 

CHAPTER X. 
THE EXECUTIVE DEPARTMENT. 

Relations between Departments. — The constitution of 
Michigan is liberal in its grant of executive power. 
Even the first constitution gave the governor nearly as 
much power as the present. In the development of 
state constitutions throughout the country in the past 
hundred years, there has been a tendency to increase 
the authority of the executive, and to limit the legisla- 
tive department by restraints which are in the nature of 
special legislation by the people. Neither of the two 
constitutions of Michigan has been extreme in these 
respects. The first, however, when compared with the 
older states, shows that Michigan had felt that tendency 
and responded to it. The one adopted in 1850 accentu- 
ates this characteristic slightly. 

The Governor. — At the same time that members of 
the legislature are elected, the people also choose a 
governor and lieutenant-governor, who hold office for 
two years. It is the duty of the governor to see that 
the laws are faithfully executed, to convene the legis- 
lature on extraordinary occasions, and to give by mes- 



THE EXECUTIVE DEPARTMENT. 45 

sage information of the condition of the state. He is 
commander-in-chief of the militia and may call out the 
forces to suppress insurrections or repel invasions. He 
has power to grant reprieves and pardons after con- 
viction, for all offences except treason and cases of 
impeachment. To assist him in performing this last 
duty the legislature has established an advisory board, 
whose business it is to inquire into the cases of all con- 
victs who may petition for pardon and report to the 
governor the results of its investigation. He has also 
the authority to issue writs of election to fill vacancies 
in the legislature. It is his duty to examine into the 
condition of public offices, and he has authority to 
remove all derelict state officers, except legislative and 
judicial. He can, in case of such removal, appoint a 
successor to the person so removed for the remainder 
of the unexpired term. Pursuant to the suggestions of 
the constitution, the legislature has laid down methods 
for displacing township and county officers, and has 
bestowed upon the governor the duty to make investi- 
gation in cases of alleged misconduct and to remove 
the person so accused if charges are substantiated by 
proper evidence. 

The governor has the prerogative of appointing a 
number of officers to positions on boards and commis- 
sions that have been created by the legislature for the 
administration of state affairs. These will be mentioned 
in a succeeding chapter. 

The Lieutenant-Governor. — The duty of the lieuten- 
ant-governor is to preside over the senate. He has the 
deciding vote in case of a tie. He performs the duties 
of governor if the latter is removed from office, dies, or 



46 CIVIL GOVERNMENT OE MICHIGAN. 

for any reason is unable to act. Should the lieutenant- 
governor, during such a vacancy in the office of gov- 
ernor, be unable to act, the president pro tempore of the 
senate succeeds to the duties and emoluments of the 
office. 

Restraints upon Appointment. — The power of appointment 
granted to the executive is almost unlimited, but there are two 
restraints that deserve mention. "No person elected a member of 
legislature shall receive any appointment within this state, or to the 
Senate of the United States from the governor, the governor and 
Senate, from the legislature, or any other state authority, during 
the term for which he is elected. ' 11 Moreover, "no person elected 
governor or lieutenant-governor shall be eligible to any office or 
appointment from the legislature." These restrictions are intended 
to remove the temptation of using public office for private profit. 

Other Executive Officers. — The people also elect at 
the general autumn elections a secretary of state, a 
superintendent of public instruction, state treasurer, a 
commissioner of the land office, an auditor-general and 
an attorney-general. The term of office is two years. 
Their duties are prescribed by law. They do not form 
a cabinet for the governor, but he is authorized to 
require of them information in writing touching the 
affairs of their respective offices. The ordinary duties 
which these officers are called upon to perform are sug- 
gested by the titles given. 

1 It is now held that this restraint, as far as it applies to United States 
senator, is void. It is not within the competence of a state to define the 
qualifications for such an officer. 



JUDICIAL POWER. 47 



CHAPTER XL - 

JUDICIAL POWER. 

The Courts. — "The judicial power is vested in one 
supreme court, in circuit courts, in probate courts, and 
in justices of the peace. Municipal courts of civil and 
criminal jurisdiction may be established by the legis- 
lature in cities." (Constitution, Art. VI., Sec. I.) 

The Supreme Court. — The supreme court now con- 
sists of four associates and one chief justice. One new 
member is elected by the people every two years and 
the term of office is ten years. The judge whose term 
soonest expires acts as chief justice. For a number of 
years there were only four judges in the court ; but an 
even number may be evenly divided and a tie may then 
result. In 1887, therefore, the legislature fixed the 
number at five. At the same time the term of office 
was lengthened from eight to ten years. The jurisdic- 
tion of the court is almost entirely confined to hearing 
appeals from circuit courts. It has a general superin- 
tendence over all inferior courts and has authority to 
establish general rules governing the practice in the 
various courts of the state. 

Circuit Courts. — The state is divided by the legis- 
lature into judicial circuits, in each of which the people 
elect one circuit judge, who holds office for six years. 
The circuit court, over which the judge presides, has 



48 CIVIL GOVERNMENT OF MICHIGAN 

original jurisdiction 1 in all civil suits where the amoui.l 
involved is more than one hundred dollars. 

It also has a general jurisdiction over criminal offences. 
The legislature has authority to bestow exclusive or con- 
current jurisdiction upon other tribunals and has done 
so in a few instances. The clerk of each county is the 
clerk of the circuit court for that county. It is his duty 
to keep a careful record of the work and judgments of 
the court. 

Court of Chancery. — The circuit courts are also courts 
of chancery. Each circuit judge is a judge in chancery. 
In this capacity it is his duty to dispense justice and 
equity according to the rules and principles of equity 
which have grown up by the side of the common law 
and are supposed to give relief where the law, because 
of its universality or rigidity, could give no relief to a 
petitioner. The constitution deprecates the distinction 
between law and equity. But Michigan is one of the 
few states that still cling to the distinction. 

Justice Courts. — There are four justices of the peace 
in each township. The term of office is four years. 
Cities have under the general law four justices. Each 
one of these officers holds a court which has exclusive 
jurisdiction of civil suits involving one hundred dollars 
or less and has jurisdiction, concurrent with circuit 
court, of cases where the debt or damages do not exceed 
three hundred dollars. Some classes of cases, however, 
as, for instance, those involving the title to land, cannot 
be instituted before the justices. In these courts, are 

1 A court is said to have original jurisdiction when suits can be begun in 
it. It has appellate jurisdiction when a suit begun in another court is 
brought before it for review, 



JUDICIAL POWER. 49 

tried persons charged with inferior criminal offences. 
The justice also acts as an examining magistrate to 
determine whether or not a person accused of crime 
shall be held for trial before the circuit court. 

Probate Courts. — The constitution provides for the 
establishment of these courts, but the duty of outlining 
their duties and general procedure lies with the legis- 
lature. There is one probate judge for each county. He 
is elected by the people and holds office for four years. 
The chief work of the court consists in looking after 
the settlement of the estates of deceased persons. If 
any one dies leaving a will which disposes of his prop- 
erty, such will must be presented to the probate court 
by any one who may have it in his custody. There the 
will is " probated," tested and proved, and either ad- 
mitted to record as genuine or not accepted as the 
actual will of the deceased person. The court has gen- 
eral supervisory charge of the execution of the will. It 
is also its duty to appoint administrators to settle the 
estates of persons dying without wills, or, as the legal 
phrase is, intestate. Legal guardians of children are 
appointed by probate courts. Sanction is given by them 
to change of name either by adults, or by children in 
cases of adoption. In cases of dissatisfaction persons 
may appeal from the probate to the circuit court. 

Municipal Courts. — The constitution gives authority 
to the legislature to establish municipal courts. In sev- 
eral instances this power has been exercised. For 
example, Grand Rapids has at present a superior court, 
a tribunal established to relieve the circuit court of a 
portion of its work. Its jurisdiction is of the same 
general nature as the circuit court, though not identical 



50 CIVIL GOVERNMENT OF MICHIGAN 

with it. Detroit has, under its charter, a court known 
as the recorder's court. It has criminal jurisdiction only. 
Other Officers. — The decisions of the supreme court 
are required to be in writing. They are collected and 
published under the direction of an officer appointed by 
the court and known as the reporter. There is also a 
clerk appointed by the judges. The legislature has, in 
accordance with authority granted by the constitution, 
provided for the election of a circuit court commissioner 
in each county. The more populous counties are au- 
thorized to elect two. The powers of these officers are 
similar to those which a judge possesses when out of 
court. One of their chief duties is the taking of testi- 
mony to be used in suits, and they have various func- 
tions of a semi-judicial character. 

Restraints. — Article VI. of the constitution contains a number 
of express prohibitions upon the conduct of the courts. These are 
for the purpose of protecting citizens in their rights to civil liberty. 
For example, the right of trial by jury is guaranteed. 

CHAPTER XII. 

ADMINISTRATIVE MACHINERY: STATE MILITIA. 

Penal and Charitable Institutions. — The state has 
taken upon itself the care of the poor and afflicted. 
Provision has also been made for the imprisonment 
of convicted criminals. Capital punishment is not in- 
flicted in the state, and the punishment for all crimes is 
confinement. The several prisons and other institutions 



ADMINISTRATIVE MACHINERY. 5 1 

were for some time under the general management of 
separate boards of inspectors or examiners. But in 
1 89 1 some of these separate boards were abolished and 
their duties given to central boards of control. The 
following list will show the state institutions for penal 
or charitable purposes and how they are managed : — 

(1) State public school for dependent and neglected children. 

(2) Michigan school for the blind. 

(3) Michigan institution for educating the deaf and dumb. 

These are under the management and control of the 
central board of control of state institutions, composed 
of four members. 

(1) The state prison. 

(2) The state house of correction and reformatory. 

(3) The asylum for dangerous and criminal insane. 

(4) The state house of correction and branch of state prison in 

upper peninsula. 

(5) The reform school. 

(6) The industrial home for girls. 

These are under the control of a state board of in- 
spectors composed of four members. 

The soldiers' home is governed by a board of seven, 
composed of the governor and six members appointed 
by him. 

(1) Michigan asylum for the insane. 

(2) Eastern Michigan asylum for the insane. 

(3) Northern Michigan asylum for the insane. 

These are under the general direction of separate 
boards, each composed of six members appointed by 
the governor. 



52 CIVIL GOVERNMENT OF MICHIGAN. 

Governmental Boards. — There are several state boards 
whose duties are suggested by their titles. The follow- 
ing list includes only the more important ones : 1 — 

(a) Some of the ex officio state boards. 

(i) Board of state auditors. 

(2) Board of control of state swamp lands. 

(3) State board of equalization. 

(4) Bureau of statistics of labor. 

(b) Some of the miscellaneous state boards. 

(1) State board of corrections and charities. 

(2) State board of health. 

(3) Board of control of railroads. 

Officers Appointed by the Governor. — The legislature 
has established at various times sundry offices, the 
duties of which are performed or are under the direction 
of a single person. Space will not allow an enumera- 
tion of all such officials nor an account of their duties. 
Their work is largely of an executive character. They 
take care that the state laws covering matters of which 
they have general oversight are obeyed. Thus, among 
these officials we find (1) the commissioner of insurance, 
(2) commissioner of railroads, (3) commissioner of labor, 
(4) state inspector of illuminating oils, (5) game and 
fish warden. 

It is thus apparent that the legislature has adopted 
an elaborate system of boards and commissions, and in 
this manner the great purposes of government are 
obtained. We must remember that it is state law which 
ordinarily regulates and controls our actions, not national 
law ; for the competence of the national government in 

1 I have left for a later chapter an account of the government of state 
educational institutions. 



STATE MILITIA. 53 

legislation is comparatively limited. The commissioners 
and boards given above partly represent the great field 
of political action occupied by the state. 

" An American may, through a long life, never be reminded of the 
Federal Government, except when he votes at presidential elections, 
lodges a complaint against the post-office, and opens his trunks for a 
custom-house officer on the pier at New York when he returns from 
a tour in Europe. His direct taxes are paid to officials acting under 
State laws. The State, or a local authority constituted by State 
statutes, registers his birth, appoints his guardian, pays for his 
schooling, gives him a share in the estate of his father deceased, 
. . . marries him, divorces him, entertains civil actions against him, 
declares him a bankrupt, hangs him for murder. The police that 
guards his house, the local boards which look after the poor, control 
highways, impose water rates, manage schools — all these derive 
their legal powers from the State alone. 11 — Bryce's " American 
Commonwealth, 11 Vol. I., Am. Ed., pp. 411, 412. 

State Military Organization. — The constitution of 
the state declares that the militia shall be composed of 
all able-bodied male citizens between the ages of eigh- 
teen and forty-five years, except such as are exempted 
by the laws of the United States or of the state. The 
governor is commander-in-chief of the military and 
naval forces. 

The legislature has passed laws directing how the 
militia is to be governed in case it is called into service. 
Moreover, there is an active militia known as the Michi- 
gan State Troops. It is composed of volunteers between 
the ages above mentioned. These troops are thoroughly 
organized and officered. They are under the general 
direction of a state military board, a board of three 
persons appointed by the governor. It is the duty of 
this board to inspect, and report to the governor on all 



54 CIVIL GOVERNMENT OE MICHIGAN. 

estimates of expense, to audit accounts, and to issue 
articles and regulations, which, when approved by the 
commander-in-chief, are binding upon the troops. It 
has various other duties of an executive and advisory 
character. 

Military Officers. — As organized at present the leading officers 
of the military department are : — 

(i) Commander-in-chief. 

(2) Adjutant-general. 

(3) Assistant adjutant-general. 

(4) Inspector-general. 

(5) Quartermaster-general. 

(6) Assistant quartermaster-general. 

(7) Paymaster-general. 

There are, in addition, 

(1) Military secretary. 

(2) Judge advocate. 

(3) Four aids. 

These officers compose the staff of the commander-in-chief. All 
of these officers are the governor's appointees. It is the duty of the 
adjutant-general to be a sort of secretary of war. He distributes 
all orders from the commander-in-chief and lays before his chief all 
communications which he may receive from the state board or other 
military officers. The inspector-general has charge and supervision 
of all military stores. 

The Troops. — As now organized, there are four regi- 
ments composing one brigade. The total number of 
troops enrolled, including officers, is 2442. 1 The legis- 
lature in 1 89 1 passed a law allowing the enrollment of 
forty companies. When that law was passed, there 
were thirty-six companies, the full quota then legal. 

1 189 1. "Michigan Manual," 1891, p. 507. 



COUNTY GOVERNMENT. 55 



CHAPTER XIII. 

COUNTY GOVERNMENT. 

Organization. — Counties in Michigan date back to 
the early territorial period. The county of Wayne, as 
a division of the Northwest Territory, included more 
than what is now the state of Michigan. During Gov- 
ernor Cass's administration, counties were as rapidly 
formed as there seemed to be need of them. New 
counties are now occasionally made by the division of 
existing ones by an act of the legislature. A county 
exists largely for judicial and administrative purposes, 
not for legislative. There are now (1892) eighty-five 
counties in this state. The Michigan system of local 
government is similar to that of Massachusetts, inas- 
much as the township exists and the town meetings 
also, and that in these small democracies local affairs 
are managed and local officers elected. But the Michi- 
gan system differs somewhat from that which prevails 
in Massachusetts. The county here is of more impor- 
tance ; in other words, there has been some tendency to 
adopt the New York system. The governing board of 
the county is composed of supervisors, one elected from 
each township. This body is of New York origin. In 
this state in early days the counties were governed as 
in Massachusetts, by commissioners, but the present 
plan has long prevailed. 



56 CIVIL GOVERNMENT OF MICHIGAN. 

Board of Supervisors. — On the first Monday in April 
of each year, each township elects a supervisor. As a 
rule each ward in a city is considered a township for 
such purposes. Collectively the supervisors have gen- 
eral control and care of the property of the county ; 
they provide for the raising of money for defraying the 
current expenses of the county ; they may " cause to be 
erected the necessary buildings for poor-houses, jails, 
clerk's offices, and other county buildings." The board 
has authority to lay out new roads, to make rules and 
regulations about the bridges and dams, and can per- 
mit or prohibit the making of such obstructions over 
navigable waters. The amount of salary which a 
county officer is to receive is fixed by the board unless 
it is otherwise determined by law. Provision for the 
poor of the county is one of the duties of the supervi- 
sors ; they may build poor-houses and buy the land for 
poor-farms, and have the general oversight of the indi- 
gent who are unable to earn a livelihood. 

County Officers. — All of the county officers, except 
the judge of probate, are elected for two years. They 
are chosen at the general election in the fall, and take 
office on the first day of January succeeding the election. 
The judge of probate holds office for four years. The 
treasurer and sheriff 1 are not entitled to hold office for 
more than four, in any period of six, years. All the offi- 
cers of the county, except the prosecuting attorney, are 
required to give bond faithfully to perform their duties. 

Treasurer. — It is the duty of the treasurer to receive 
and keep safely all the money belonging to the county. 

1 This disqualification, as far as it affects the sheriff, is a constitutional 



COUNTY GOVERNMENT. $7 

To him the supervisor of each township or the city 
treasurer pays over the amount of tax levied and 
collected in each township for county purposes. He 
keeps on hand also an account of delinquent taxes. He 
pays out money upon the order of the board of super- 
visors. 

Prosecuting Attorney. — This officer's chief work con- 
sists in representing the interests of the state or the 
people in criminal prosecutions. Under our system of 
procedure, a person accused of crime is arrested upon a 
warrant issued by a justice of the peace. Before such 
justice there is a preliminary examination for the pur- 
pose of determining whether or not the person accused 
shall be held for trial before the circuit court. The 
public prosecutor may be present at this examination 
and endeavor to discover the probable guilt or inno- 
cence of the prisoner. If it be decided that there is 
good ground for trial, he appears in behalf of the peo- 
ple in the trial court. It is not his duty to attempt to 
convict every person accused of crime ; he is expected 
impartially to examine the case and to look after the 
interests of the public, which include as much the 
release of the innocent as the punishment of the guilty. 
The prosecuting attorney is the legal adviser of county 
officers in civil suits, and represents the county or the 
state in any court in his county. 

County Clerk. — The duties of this officer are mani- 
fold, and only a general outline can be given here. He 
is clerk of the board of supervisors and custodian of 
their records. He is clerk of the circuit court, and is 
the keeper of the county seal. With him are filed the 
pleadings and papers in suits at law and equity, articles 



58 CIVIL GOVERNMENT OF MICHIGAN. 

of incorporation and reports of associations, statements 
of marriage, of births, and of deaths. He has many 
other duties of a clerical nature. 

The Sheriff. — The executive officer of the higher 
court of the county is the sheriff. He serves the proc- 
ess of the court and carries its writs into execution. 
The county jail and prisons therein are under his cus- 
tody. During sessions of the circuit court, he or his 
deputies are expected to be present. He has charge of 
the jury, the members of which he summons to attend 
in accordance with the forms of law. He is responsible 
for the peace and good order of the county. 

The Coroner. — This official, like the sheriff, we have* 
borrowed from old English law. 1 It is his duty to hold 
inquests with the purpose of discovering the cause of 
death of persons supposed to have " come to their 
death suddenly or by violence." When the sheriff is an 
interested person in any cause, the coroner may serve 
writs and execute process of the courts. Each organ- 
ized county in the state has two coroners. 

Register of Deeds. — The copying or recording of 
deeds by a public officer is for the purpose of giving 
proper notice of the transfer of real estate. It is not 
obligatory on any one to have his deeds recorded ; but 
one does so as a matter of precaution, inasmuch as 

1 In England the sheriff was an important officer long before the Nor- 
man Conquest (1066). He was the reeve or chief officer of the shire or 
county representing the king. To-day in England he is the chief digni- 
tary of the county, but performs all executive and police duties through 
subordinates, attending himself to honorary or formal matters. The cor- 
oner is also an official long known to English law, although more modern 
than the sheriff. He was the Crown officer or " Crowner." His present 
duties are similar to those of his American namesake. 



TOWNSHIP GOVERNMENT. 59 

any deed not recorded is void as against a subsequent 
purchaser in good faith for a valuable consideration. It 
is the duty of the register carefully to copy, in the books 
which he keeps for the purpose, all deeds, mortgages, 
or other instruments which in accordance with the law 
may be left w T ith him for the purpose, 

County Surveyors. — • Each county has also a public 
surveyor. He " shall make and execute such surveys 
within his county, as may be required of him by order 
of any court, or by application of any person therefor." 
He is expected to record all surveys of a permanent 
nature which he makes, and his certificate of any survey 
is " presumptive evidence of the facts therein contained." 

CHAPTER XIV. 
TOWNSHIP GOVERNMENT. 

The System. — Reference has already been made to 
the importance of local government and to the fact 
that Michigan naturally adopted the township system. 
There are differences between the methods of this state 
and that of Massachusetts ; but there is on the whole 
great similarity. Some of the functions of the eastern 
town are here performed by the county and we have also 
the village system, which will be explained hereafter. 

The Town Meeting. 1 — Michigan was the first state 
west of New York to introduce the town meeting. As 

1 For a picturesque description of the town meeting, see Hosmer's " Sam- 
uel Adams" (American Statesmen), Chap. XXIII. 



60 CIVIL GOVERNMENT OF MICHIGAN. 

a matter of fact, the township in our history has pre- 
ceded the county in organization. The settlers in the 
backwoods met for the purpose of acting in the open- 
ing of roads, the building of bridges, or the support of 
a school. The town meeting to-day is purely democratic, 
and is a reproduction or direct descendant of the old 
folk-mote wherein our ancestors in oldest England or 
the forests of Germany passed their simple laws. The 
annual meeting is held on the first Monday in April. 
Here the various officers of the township are elected 
and such other business as seems needful done. Taxes 
are determined upon ; reports of the officers who have 
had charge of public money are heard ; it is decided 
how much money shall be given to the town library or 
the school ; or perhaps a law is passed determining the 
time and manner in which animals may be restrained 
from running at large. The people of the township 
have power, in the words of the statute, to make any 
order or by-law " for directing and managing the pru- 
dential affairs of the township as they shall judge most 
conducive to the peace, welfare, and good order thereof." 
The supervisor is the moderator of the meeting, and 
while elections are being held he constitutes, with the 
justice of the peace 1 and the town clerk, the board of 
inspectors. 

Township Board. — The supervisor, the two justices 
of peace whose terms of office soonest expire, and the 
township clerk form the board, and this body has gen- 
eral directive authority in the affairs of the township, 
even to the extent of voting money for the ordinary 

1 The justice must be one who is not holding the office of clerk and 
supervisor, and the one whose term of office soonest expires. 



TOWNSHIP GOVERNMENT, 6 1 

running expenses, if the town meeting has neglected or 
refused to make necessary provision. The board acts 
as an auditor of the accounts of the town treasurer and 
other persons in charge of money. It constitutes a 
board of health and has therefore the right to pass 
regulations for the prevention of disease or the removal 
of nuisances. The power to remove certain officers is 
also within its competence. 

The Supervisor. — Some of the duties of this officer 
have been given in the two preceding paragraphs. In 
addition it may be mentioned that the supervisor is the 
representative of the township on the county board. 
Moreover, as assessor he prepares a careful statement 
of the taxable property of his township and its values, 
and this roll forms the basis for the levying of taxes. 
He is the agent of the township in the transaction of 
all legal business, and has other administrative duties 
of varying importance. 

The Clerk. — The records, books, and papers of the 
township are kept by the clerk. He transcribes and 
preserves the minutes of the town meeting. With him 
are filed mortgages on personal property, and he is 
required to make an alphabetical list of the parties to 
such instruments. He acts as clerk of the board of 
school inspectors and at general elections of the town- 
ship. He has other duties clerical in character. 

The Treasurer. — The money to be expended in the 
township for local purposes, whether raised by taxation 
or by licenses, is kept by the treasurer and paid out by 
him only on the order of the township or its author- 
ized officers. He is expected to make an annual report 
of receipts and disbursements. To him the state and 



62 CIVIL GOVERNMENT OF MICHIGAN. 

county taxes are paid, and he makes return of them to 
the proper officers. For this purpose he is the custo- 
dian of the equalized tax roll. He is elected annually, 
but cannot hold office for more than two years in suc- 
cession. Like the clerk and most of the other township 
officers, he is expected to give bonds for the faithful 
performance of his official duties. 

Constables. — At each annual meeting the people 
elect one or more constables, not exceeding four. The 
constable takes much the same place in the township 
that the sheriff does in the county. He is the ministe- 
rial officer of the justices of the peace, and has au- 
thority to serve writs and warrants or notices lawfully 
directed to him. 

Justice of the Peace. — The constitution provides for 
the election of not more than four justices in each 
township. Their judicial duties have been described 
above. They hold office for four years, but are so 
elected that only one retires in any one year. A justice 
has authority to administer oaths on general matters, to 
take acknowledgments of deeds, to take testimony to be 
used in suits in other states, to join persons in marriage, 
and to perform other duties not of a judicial nature. 

Other Officers. — The old New England town meet- 
ing sometimes elected so many officers that one might 
well wonder whether there was any person without an 
office. The western town has not yielded to this offi- 
cialism. By statute the township meeting in this state 
is authorized to elect one commissioner of highways, 
one overseer for each road district, one drain commis- 
sioner, and as many pound-masters as seem desirable. 
The first of these officers has general charge of the 



CITIES AND VILLAGES. 63 

highways. The overseer sees that roads are kept in 
repair and the required labor is performed. The 
pound-master has charge of impounded animals. The 
overseers of highways are the fence viewers for the 
township. The drain commissioner is expected to see 
that needful, natural, and artificial drains are kept open 
and in good condition. 



CHAPTER XV. 
CITIES AND VILLAGES. 

Reasons for Organization. — Town government is al- 
most a pure democracy. In a small community this is 
an admirable method of government, but where the 
population is dense, it becomes desirable to elect repre- 
sentatives to make the needful laws and ordinances for 
establishing and preserving good order. It is necessary 
to have a more complicated government for the per- 
formance of the many duties that necessarily come with 
the increase of the population. To accomplish these 
ends, villages and cities are organized by law. They 
are public corporations organized under a charter 
granted either generally or specially by the state legis- 
lature. 

The village is a stepping-stone between the township 
and the city. Incorporation may take place in Michi- 
gan either under a general law which lays down the 
form of administration or by special act. Three hun- 
dred persons or more occupying a township not more 



64 CIVIL GOVERNMENT OF MICHIGAN. 

than one square mile may be incorporated as a village 
under the general law. The government is secondary 
rather than primary, the right of legislation and gen- 
eral control being vested in a president and a board of 
six trustees elected by the people. In accord with the 
general law, a clerk, treasurer, assessor, and constable 
are elected annually, and the board of trustees or the 
village council, as it may be termed, has authority to 
appoint other needful officers. The subject over which 
the incorporated village has control cannot be given 
here in detail. Regulations for safety, health, and order 
which are not needed in a township are within the 
scope of the village which is organized for more easy 
and effective action. The functions of the city, which 
are given below, will suggest the power of the village, 
if we remember that the latter has less powder. 

Cities. — There is a general statute under which 
cities may be incorporated, but the great majority are 
organized by special enactment. The details of gov- 
ernment are therefore varied, and to determine the 
exact power of city officers or of the whole municipality, 
an examination must be made of the charter a of incor- 
poration and its amendments. Many of the charters 
are very long and complicated, and most of them are 
being continually altered. This alteration is due to the 
fact that the cities are growing, and new needs are con- 
stantly arising ; and it is due also to the fact that there 
has not yet been evolved in the course of our political 
experience a form of city government that is generally 

1 The charter of a city or village is the legislative act which constitutes 
it as a body corporate. It grants and defines powers, and is the funda- 
mental law of the municipality. 



CITIES AXD VILLAGES. 65 

agreed to be wise and faultless. The permanence of 
our national constitution arises from the fact that we 
have prospered under it. On the other hand, the 
abuses which are possible under our city administration 
tempt the people to try sundry alterations in forms and 
methods, and to make minute regulations. The charter 
granted Detroit in 1883 covers some sixty-seven pages 
of closely printed matter, and is many times as long as 
the Constitution of the United States. Such a state- 
ment will show the impossibility of giving here a close 
analysis of city government. Moreover, although a 
general law has been enacted for the organization and 
government of municipalities, the statute is not binding 
upon the legislature itself, and the statements in the 
paragraphs following must be taken as only generally 
and not universally true. For example, the general law 
provides that villages of three thousand inhabitants may 
be organized as cities, yet there are in the state several 
cities w r ith a population scarcely more than one thousand. 

The people are allowed to decide for themselves 
whether or not they shall be organized into a city. A 
popular vote is taken to determine. Some large villages 
prefer to retain the more simple forms of government 
and administration. 

Wards. — For more effective local government and 
for participation in county affairs, cities are divided into 
wards. In each ward a supervisor, two aldermen, and 
a constable are elected. The alderman is the repre- 
sentative of the people of the ward in the common 
council of the city. The duties of the constable and 
supervisor are similar to those devolving upon such 
officers in the township. 



66 CIVIL GOVERNMENT OF MICHIGAN. 

In the succeeding paragraphs the duties are given of only those 
officers which are customarily found under city government. There 
are many variations. For example, some cities have no collector. 
In others the assessments for the whole city are the work of one 
officer, the assessor. In Detroit the city attorney is elected by 
popular vote ; in most cities he is appointed by the mayor and rati- 
fied by the council. In Detroit also there are three assessors 
appointed and not elected. In fact, the variations are so numerous 
that it seems best to give only a very general outline from the 
general law, with occasional suggestions of variations. A teacher 
in a city school can obtain a copy of the city charter which will 
presumably be in the library. Beyond all, it must be remembered, 
that students have the opportunity to see the government of the 
city in action, and not simply a description of it on paper. Study a 
city or township government as you would a machine of any kind 
in motion. Endeavor to discover in what respect your city govern- 
ment differs from the description here given. 

Mayor. — This officer is common to every city. He 
is elected by popular vote and holds office for a year. 1 
He is the chief executive officer, and has general super- 
vision of the several departments of the city government. 
In most cities he presides over the common council. 
He sometimes has the power of veto. As a rule he has 
an extensive power of appointment, and, where this is 
the case, responsibility for good administration seems to 
rest peculiarly with him. 

As to the powers of the mayor, it may be said there are two dif- 
fering tendencies. The one is to increase his power, and with it his 
responsibility, in order that the people may know to whom to charge 
failure or corruption in administration. The other tendency is more 
evident ; executive authority is divided among a number of boards, 
the members of which are the appointees of the mayor. 

1 The mayor of Detroit holds for two years. 



CITIES AXD VILLAGES. 67 

Clerk. — It is the duty of the clerk to keep the 
records and the official papers of the city. He is clerk 
of the council and he records its proceedings. He has 
a general supervision over all officers charged with the 
expenditure of money, and over the property and assets 
of the city. In some instances there is a comptroller 
elected. This officer then acts as a general accountant, 
keeping an account with the treasurer, and acting as a 
sort of financial secretary for the city. The clerk is 
often called the recorder. 

Treasurer. — This officer has the usual duties. He 
keeps the money and pays it out upon the proper order. 
He makes monthly reports to the clerk or comptroller 
and annually a detailed account to the council. Like 
the mayor and clerk he is elected for one year. 

The Common Council. — This body is the legislative 
authority of the city. It is composed of the mayor and 
aldermen. It is entitled to pass ordinances for the 
maintenance of good order within the city. Keeping 
within the limits of the charter its legislative power is 
plenary. It can best be suggested by giving in part, at 
least, the subjects over which a city is expected to 
exercise control. These are : — 

(a) To preserve peace and good order, (b) To arrest 
and punish vagrants and disorderly persons, (c) To 
prevent nuisances and to remove any cause of annoyance 
or disease, (d ) To issue licenses and to regulate games 
and exhibitions, (e) To license and regulate saloons. 
(/) To license and regulate auctions and peddling. 
(g) To license and regulate hackmen and draymen. 
(/i) To provide for inspections of various kinds, (i) To 
lay out and keep in repair streets and alleys, and to have 



68 CIVIL GOVERNMENT OF MICHIGAN. 

control over sidewalks. (J) To establish and support a 
fire department, etc. 

Other Officers. — The marshal is the chief police offi- 
cer and is expected to preserve good order. In many 
cities he is appointed; under the general law he is 
elected. There are also the following officers: (i) city 
attorney; (2) surveyors; (3) street commissioner; 
(4) justices of the peace ; (5) often a city collector 
and generally a school inspector ; (6) chief of the fire 
department. 

I repeat here the advice given earlier that the pupils in villages 
and cities be urged to discover by their own investigation the system 
of government under which they are living. Nearly every township 
and city library may be expected to have Mr. Bryce's great work on 
the American Commonwealth. Even young pupils can understand, 
by help of the teacher's explanations, his lucid chapters on munici- 
pal government and its evils. See Chaps. L., LI., LII. 



CHAPTER XVI. 

EDUCATION. 

School System. — The people of Michigan have long 
been justly proud of their educational system, and have 
supported schools and colleges with generous interest. 
It is a right use of words to speak of our educational 
" system." For, from the lowest primary school through 
the University there is organic connection and methodi- 
cal arrangement. Everything has been built up on the 
theory that, for the welfare of the state, its citizens 



EDUCATION. 69 

should be educated and that any and all means of cul- 
ture should be freely opened to rich and poor alike. 
Everywhere education is free. The larger institutions, 
wherewith the state has completed the educational 
structure, offer instruction on almost every useful sub- 
ject. The Normal School prepares teachers for the 
lower schools. The Agricultural College teaches the 
principles of scientific farming. The University gives 
facilities for the study of all collegiate and professional 
subjects except theology. 

The principle of popular support for education was 
entered upon, somewhat feebly it is true, in our terri- 
torial period ; but as the years went on the state com- 
mitted itself more and more heartily to the idea, until 
now Michigan has demonstrated that a democracy, a 
popular state, will liberally support institutions of public 
instruction from the lowest to the highest. 

District Organization. — The constitution provides for 
free primary schools. Each township is, by statute, 
authorized to elect two school inspectors and with the 
township-clerk they become the board of school inspec- 
tors. Their duties are supervisory. They divide the 
township into districts, which take care of and provide 
for their own schools. The annual meeting of each 
district is on the first Monday in September, and then 
taxes are voted for the support of schools and a board 
elected for general management. The board consists 
of a moderator, who is the chairman ; the director, who 
is the secretary; and the assessor, who is the treasurer 
of the district. The more populous school districts have 
a graded school with a board of six trustees, who elect 
their own officers. High schools are established by the 



70 CIVIL GOVERNMENT OE MICHIGAN. 

vote of the district. Each city usually forms one dis- 
trict, but the method of organization may differ in 
detail from that just described. 

State Organization. — The constitution provides for a 
superintendent of public instruction, who has general 
supervision of educational matters in the state. A state 
board of education is also established by the constitution. 
The superintendent is a member ex officio and secretary 
of the board, which, including him, consists of four 
members. He is elected at the general election and 
holds office for two years, whereas the members of the 
board hold office for six years, one member being elected 
every two years at the same election. 

School Examiners. — The method of inspecting schools 
and of examining applicants for teachers' certificates 
has been frequently changed. At present the follow- 
ing plan is in operation. The board of supervisors of 
the county elect a county commissioner of schools, also 
two examiners. The term of office is two years. These 
three persons form a board of examiners, and are au- 
thorized to grant certificates licensing as teachers those 
persons whom they may find qualified. Examinations 
of applicants for these certificates are held twice a year. 
The questions are prepared by the state superintendent 
of public instruction. 

It is the duty of the county commissioner (i) to keep 
a record of all examinations ; (2) to visit each school in 
the county at least once a year; (3) to counsel with 
the teachers and school boards concerning courses of 
study ; (4) to promote the improvement of the schools ; 
(5) to act as assistant conductor of institutes, and to per- 
form various other duties that may be required by law. 



EDUCATION. Ji 

Support of Schools. — The schools of the state are 
supported to a great extent by direct taxes levied for 
the purpose in each district. In addition each district 
receives from the state what is known as primary school 
money, which is used for the payment of teachers. 
This money is the interest paid by the state on a fund 
known as the primary school fund. This fund has 
three sources. (1) When Michigan was admitted to the 
Union, Congress gave to the state, for educational pur- 
poses, section sixteen in each township. The money 
received from the sale of these lands is held by the state 
as a perpetual interest-bearing fund; (2) The state has 
set aside for the same object one-half of the proceeds 
from the sale of the swamp lands; (3) All specific state 
taxes, except those received from the mining companies 
of the upper peninsula, are applied first to the paying of 
interest on the educational funds, and the surplus after 
such payment forms part of the primary school fund. 
The interest on these moneys is divided among the 
school districts of the state in proportion to their school 
populations, or the number of persons between five and 
twenty years of age. 

The University. — The ancestor of our present Uni- 
versity was established in 1817; but not until Michigan 
was admitted to the Union was there much done that 
can be called university work. The United States fur- 
nished the means of assisting higher education as well 
as secondary. The state now pays to the University 
interest on a fund known as the University fund. This 
has come from the sale of land in two townships given 
by the national government for that purpose. 

The University is governed by a board of eight 



72 CIVIL GOVERNMENT OF MICHIGAN. 

regents, of whom two are elected by the people of the 
state every two years for a period of eight years. The 
constitution also provides for a president, who is elected 
by the regents. The institution now comprises the 
departments of (i) literature, science, and the arts; 
(2) a department of medicine ; (3) a department of law; 
(4) a school of pharmacy; (5) a homoeopathic medical 
college ; and (6) a college of dental surgery. 

The school system of Michigan owes much to the 
first superintendent of public instruction, John D. Pierce. 
It was his aim to establish a complete system of public 
education, the head of which should be the University. 
The broad and generous scope of this institution is due 
in no small measure to Mr. Pierce, and to its first presi- 
dent, Henry P. Tappan. 

Other Institutions. — The Agricultural College was 
established in 1855. It is controlled by the state board 
of agriculture, consisting of the governor, the president 
of the college, and six members appointed by the gov- 
ernor for a term of six years. Its sources of income are 
somewhat similar to those of the University — interest 
on a fund held by the state, and appropriations from 
the state. The national government contributes an 
annual sum. 

The Normal School was established in 1852, and is in 
charge of the state board of education. It furnishes 
instruction in the art of teaching, and is supported partly 
by direct appropriations and partly by interest on the 
Normal School endowment fund. 

Mining School. — In 1885 the legislature passed an 
act providing for a mining school in the upper peninsula. 
In September of the following year the doors were 



EDUCATIOX, 73 

opened for students. It is controlled by a board of six 
members and supported by state appropriations. 

Colleges. — There are a number of colleges in the 
state authorized to give degrees. They are under the 
care of different religious denominations. Albion Col- 
lege, established in 1861 ; Adrian College, established 
1859; Alma College, established 1887; Battle Creek 
College, established 1874; Detroit College, established 
1877; Hillsdale College, established 1844; Hope Col- 
lege, established 1866; Kalamazoo College, established 
1855; Olivet College, established 1859. 

Libraries. — Public libraries are as needful for general 
education as are schools. Michigan has appreciated 
the desirability of having free books. By her constitu- 
tion it is obligatory on the legislature to provide for a 
public library in each township. Fines collected for 
the breaking of law are appropriated for the support of 
such libraries. 

Free School Books. — It is now provided by law 1 that 
a school district may, if it so decides, purchase text- 
books in the more elementary and popular branches of 
study. These books are to be the property of the dis- 
trict and loaned to the pupils for their use. Some of 
the cities in the state have adopted the plan and thus 
have taken another step in an endeavor to make educa- 
tion accessible to every one. Even where this system 
has not been adopted the state directs that school 
boards shall furnish books to students whose parents 
cannot provide them. 

Compulsory Education. — The state some years ago 
entered upon the policy of requiring attendance at 

1 Act of June 15, 1889. 



74 CIVIL GOVERNMENT OF MICHIGAN. 

school of all children between the ages of eight and 
fourteen. It is directed that all such children go to 
school for at least four months in each year and at least 
six weeks consecutively. All persons are forbidden to 
employ any child, who, in the previous twelve months, 
has not had the four months' schooling. 

The law has not been entirely successful, for it has 
not been enforced with vigor. The safety of republican 
government depends on the intelligence of the governed, 
and the state cannot in self-defence allow the children 
to grow up uneducated and without the proper knowl- 
edge for intelligent citizenship. 



CHAPTER XVII. 

ELECTION LAWS. 

Suffrage. — The grant of suffrage in Michigan is very 
liberal. It is the intention of the constitution to estab- 
lish manhood suffrage! Citizens of the United States 
can acquire the privilege of voting in this state after a 
residence within its borders of only three months pre- 
ceding election. Foreigners are given the privilege of 
voting, if they have resided in the state two years and 
six months, provided that six months before the election 
they declare their intention to become citizens. Women, 
that have property subject to taxation, are entitled to 
vote upon all questions at the school meeting of a dis- 
trict, or, if they have no property, but are the parents 



ELECT/OAT LAWS, 75 

or the legal guardians of children of school age, they 
are entitled to vote on questions not involving the rais- 
ing of money. 

Registration. — In order to secure good order at elec- 
tions and to confine the suffrage to those who are quali- 
fied to exercise it, the law provides for a registration of 
voters. Before each general election a board of regis- 
tration sits at a designated place for the purpose of tak- 
ing the names of the qualified voters of the township, 
ward, or precinct. Only persons whose names stand 
upon this registration list are allowed to vote at the elec- 
tion. However, if any one, because of illness or absence 
from the township or city, was unable to register, he 
will be permitted to cast his ballot on taking an oath to 
such fact. This is known as swearing in one's vote. 

Political Machinery. — The system of party and polit- 
ical machinery in Michigan is much the same as that of 
other states. The caucus of the party meets in the 
townships or wards to elect delegates to a county con- 
vention or to put in nomination for election the candi- 
dates for its own local offices. The county convention 
elects delegates to conventions of the state or the con- 
gressional, senatorial, representative, or judicial district, 
or it puts in nomination candidates for the county 
officers. There has been as yet no great effort to regu- 
late such party machinery by state law. A statute has 
been passed for the purpose of securing better order 
and more regularity in caucuses, but, with this excep- 
tion, party politics and tactics are free from restraint. 

Elections. — There are two general elections in Mich- 
igan. One is on the first Monday after the first Tues- 
day in November. At that time county and most state 



76 CIVIL GOVERNMENT OF MICHIGAN 

officers are elected, and the people participate in the 
election of national officers. The other election is held 
on the first Monday in April. 1 This is the usual day for 
the choice of township and city officers ; and some state 
officers are also then elected, the regents of the Uni- 
versity and the judges of the supreme court, as well as 
the circuit judges. 

Provision has been made by law to prevent bribery 
and intimidation at elections. It is an offence punish- 
able by a fine or imprisonment to attempt by any men- 
ace or corrupt means to influence an elector in casting 
his ballot. It is unlawful (i) To provide entertainment 
previous to or during an election. (2) To furnish 
money to be expended in procuring the attendance of 
voters at the polls. (3) To contribute money for any 
purpose intended to promote the election of any person 
or persons, except (a) for the expenses of printing ; 
(b) for the circulation of hand bills, etc. ; (c) for the 
conveying of sick or infirm persons to the polls. 

The Booth System. — It is a curious fact that though 
volumes have been written, first and last, on the neces- 
sity of a secret ballot, only within a few years has there 
been any effort at making voting actually secret. Each 
voter should be allowed freely to express his wishes at 
the polls, or popular sovereignty is a mere shadow. This 
can be secured only by providing means whereby a 
person can prepare and deposit his ballot without 
interference or molestation or scrutiny. The law of 
this state now provides for small booths at the polling 
places. These are placed behind a guard rail four feet 

1 By the general law the supervisor and two aldermen of each ward con- 
stitute the board of inspectors of election in a city, and in a village the 
president and trustees or any three of them. 



ELECTION LAWS. 77 

in height. A gate keeper chosen by the inspectors 
allows persons to enter only for the purpose of voting. 
The voter passes into the booth and prepares his ticket 
as he desires, and immediately deposits it in the ballot- 
box. This system is a guard against bribery, for the 
reason that no one can tell how the ballot is prepared, 
or, in other words, whether or not a contract to vote in 
a particular way has been carried out. 

The Ballot. — This state has now adopted with some 
variations what is known as the Australian ballot. By 
the system in vogue until the law of 1891 was passed, 
each party provided its own tickets at its own expense. 
On such a ticket were printed, of course, only the party 
candidates. Abuses arising from the system were 
numerous, and it was at best a primitive method based 
on false policy and principles. By the present law 
tickets are prepared at public expense and each con- 
tains the names of all candidates of all parties. 

As will be seen by reference to the diagram on page 
78, the candidates for office in each party are arranged 
by themselves under appropriate vignettes. When a 
voter comes before the election board he is given a 
ticket, on the back of which, in one corner, are the ini- 
tials of one of the inspectors. He must prepare this 
ticket within the booth, and deposit it or give it back to 
the inspector, inasmuch as no ballots are allowed outside 
the guard rail. The diagram on page 78 more fully 
explains the method of voting. 

Note. — It is perhaps needless to suggest to teachers that the method 
of voting can be taught by the actual preparation of ballots and by actually 
conducting an election. And at the same time pupils may be led to think 
of the necessity of a pure ballot and of honesty in elections, free from the 
devious methods of corrupt politics. 



78 



CIVIL GOVERNMENT OF MICHIGAN. 



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